NCJ Number
213995
Date Published
2006
Length
31 pages
Annotation
This chapter examines the due process rights of juvenile offenders.
Abstract
Several landmark Supreme Court cases from the 1960s and 1970s that changed the face of the juvenile justice system are discussed, including the case of Kent v. United States that involved a 16-year-old who had been waived to adult court without a hearing and the case of In re Gault that considered the fifth and sixth amendment rights of juveniles. The case of McKeiver v. Pennsylvania, in which the Supreme Court failed to extend to juveniles the adult right to a trial by jury, is also discussed. Additional Supreme Court rulings that have impacted delinquency proceedings in juvenile court are presented, including cases on waivers or transfers to adult court, on the interrogation of juveniles, and on holding juveniles in preventive detention. Search and seizure policies and procedures concerning juveniles are reviewed, particularly as it concerns a juvenile’s ability to give consent to search without a warrant. Juveniles’ rights in school with regard to corporal punishment, freedom of speech, and student searches are considered, including discussions on cruel and unusual punishment, lewd speeches in school, censorship of student publications, and school prayer. Finally, juveniles’ rights at home and within the community are discussed and include issues revolving around curfew laws, the legal drinking age, and driver licensing. Nine discussion questions are offered that help guide classroom debate or provide class assignments. Key terms are listed. Boxes